Mr. Vijay Kumar Vyas, J.

This appeal is directed against the judgment dated 2.8.2008 of the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Tonk in Sessions Case No. 23/2008, whereby the trial court convicted and sentenced appellant Kalyanmal @ Lala and co-accused Heera Lal for the offences u/s 120-B, 302 and 201 IPC, as follows :

U/s 120-B IPC - Life Imprisonment with fine of Rs.1,000/-; in default of payment, to further undergo two months' simple imprisonment.

U/s 302 IPC - Life Imprisonment with fine of Rs.1000/-; in default of payment, to further undergo two months' simple imprisonment.

U/s 201 IPC - Three years' Rigorous Imprisonment with fine of Rs.500/-; in default of payment, to further undergo one month's simple imprisonment.

All the sentences were ordered to run concurrently.

2. Appellant Kalyanmal @ Lala and co-appellant Heera Lal were tried together by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Tonk. Learned trial court, vide impugned judgment dated 2.8.2008, convicted and sentenced both – Kalyanmal @ Lala and Heera Lal in the matter as indicated above. Aggrieved thereby, both have filed the present common appeal.

3. During hearing of the appeal on 27.11.2015, it was informed that co-appellant Heera Lal is absconding, whereupon, this court issued direction for his arrest. On 28.3.2016, learned Public Prosecutor appearing on behalf of the State submitted that vigorous efforts are being made to apprehend Heera Lal but he is still at large. Learned counsel for the appellant Kalyanmal @ Lala submit that the appellant has undergone actual sentence for more than 8 years and prayed that appeal of Kalyanmal @ Lala be segregated from the case of Heera Lal and appeal itself be listed for hearing. In these circumstances, it was directed the Superintendent of Police, Jaipur Rural to continue with his efforts to apprehend Heera Lal and also directed the Registry to list appeal of accused Kalyanmal for final hearing and disposal, taking the period undergone by him as the bench mark. Thus, on segregating the appeal from the case of co-appellant Heera Lal, we have heard this appeal qua appellant Kalyanmal @ Lala only.

4. Brief facts giving rise to this appeal are that on 2.4.2006 at about 10.30 AM, a telephonic message was received from one Suraj Karan S/o Shri Jawahar R/o Malikpur at Police Station Pachewar, District Tonk, with regard to a dead body lying in the pipe under a bridge at Malikpur Road, SHO Chaina Ram (PW-40), Police Station Pachewar, proceeded to the spot. He found in a pipe under the bridge a dead body of unknown person lying in a pool of blood. Head was inside the pipe and legs were towards the outside. The dead body was taken out. The deceased was found wearing Kurta and Payjama of white colour. Jooti (shoes) was worn in left leg but the shoe of right leg was lying outside the pipe. Neck of the deceased was cut from both the sides. Abrasions on left side of chest and arm were found. It revealed that the unknown person was murdered by some sharp edged weapon at some other place and to conceal the offence, the dead body was hidden in the pipe under the bridge. The dead body seemed to be 3-4 days old. SHO, Shri Chaina Ram (PW-40) drew a parcha (Ex. P-46) and sent it to the police station for registration of FIR u/s 302 and 201 IPC and proceeded to investigate the case. FIR No. 15/2006 (Ex.P-53) was registered at 12.50 PM at Police Station Pachewar. Memo of site inspection (Ex.P-1) was prepared in the presence of Suraj Karan (PW-1) and Ummed Singh (PW-2). Samples of blood smeared soil from bridge & road and control soil were collected, marked and sealed. Seizure memo (Ex.P-2) was prepared. A pair of Jooti (shoes) and hair sticked on one Jooti were collected, seized and sealed vide seizure memo (Ex.P-3). Foot prints of two unknown persons were found on the spot, moulds whereof were taken and sealed vide seizure mem